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On April 16, 2009, the Justice Department released four previously classified memos issued by its Office of Legal Counsel (OLC) that provided legal guidance on the permissibility of certain aggressive techniques used during the interrogation of high-ranking al Qaeda suspects. The memos examined these techniques in light of the prohibition against torture under the Convention Against Torture (Torture Convention), the U.S. criminal statute that implements the Torture Convention ("the anti-torture statute"), and the prohibition on cruel, inhuman, and degrading treatment under the Torture Convention. The release of the memos has provoked considerable discussion about possible criminal accountability for government officials who carried out interrogations or who formulated the legal guidance authorizing them. This Insight addresses questions regarding possible criminal liability for the responsible officials and some issues of state responsibility of the United States under international law.

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American Society of International Law "Insight"
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Allen S. Weiner
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Michael May is Professor Emeritus (Research) in the Stanford University School of Engineering and a senior fellow with the Freeman Spogli Institute for International Studies at Stanford University. He is the former co-director of Stanford University's Center for International Security and Cooperation, having served seven years in that capacity through January 2000.

May is a director emeritus of the Lawrence Livermore National Laboratory, where he worked from 1952 to 1988, with some brief periods away from the Laboratory. While there, he held a variety of research and development positions, serving as director of the Laboratory from 1965 to 1971.

May was a technical adviser to the Threshold Test Ban Treaty negotiating team; a member of the U.S. delegation to the Strategic Arms Limitation Talks; and at various times has been a member of the Defense Science Board, the General Advisory Committee to the AEC, the Secretary of Energy Advisory Board, the RAND Corporation Board of Trustees, and the Committee on International Security and Arms Control of the National Academy of Sciences. He is a member of the Council on Foreign Relations and the Pacific Council on International Policy, and a Fellow of the American Physical Society and the American Association for the Advancement of Science.

May received the Distinguished Public Service and Distinguished Civilian Service Medals from the Department of Defense, and the Ernest Orlando Lawrence Award from the Atomic Energy Commission, as well as other awards.

His current research interests are in the area of nuclear terrorism, energy, security and environment, and the relation of nuclear weapons and foreign policy. A few of his specific projects are listed here:

May was the principal investigator on a Department of Homeland Security (DHS) project that CISAC conducted in cooperation with the Naval Postgraduate School centering on organizational learning research for the DHS. The project focused on learning from exercises, following up CISAC's previous work with the DHS on the federal-state-local coordination exercise Topoff-2. With CISAC affiliate Roger Speed, May completed a chapter, "Assessing the United States's Nuclear Posture," in U.S. Nuclear Weapons Policy: Confronting Today's Threats, copublished by CISAC and Brookings. An earlier version of the chapter appeared in the Bulletin of Atomic Scientists.

May is continuing work on creating a secure future for civilian nuclear applications. In October 2007, May hosted an international workshop on how the nuclear weapon states can help rebuild the consensus underlying the Nuclear Non-Proliferation Treaty (NPT). Proceedings and a summary report are available online or by email request. May also chaired a technical working group on nuclear forensics. The final report is available online.

In April 2007, May in cooperation with former Secretary of Defense William J. Perry and Professor Ashton Carter of Harvard hosted a workshop on what would have to be done to be ready for a terrorist nuclear detonation. The report is available online at the Preventive Defense Project. A summary, titled, "The Day After: Action Following a Nuclear Blast in a U.S. City," was published fall 2007 in Washington Quarterly and is available online.

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Professor, Management Science and Engineering, Emeritus
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michaelmayrsd17_040_0117aa.jpg PhD

Michael May is Professor Emeritus (Research) in the Stanford University School of Engineering and a senior fellow with the Freeman Spogli Institute for International Studies at Stanford University. He is the former co-director of Stanford University's Center for International Security and Cooperation, having served seven years in that capacity through January 2000.

May is a director emeritus of the Lawrence Livermore National Laboratory, where he worked from 1952 to 1988, with some brief periods away from the Laboratory. While there, he held a variety of research and development positions, serving as director of the Laboratory from 1965 to 1971.

May was a technical adviser to the Threshold Test Ban Treaty negotiating team; a member of the U.S. delegation to the Strategic Arms Limitation Talks; and at various times has been a member of the Defense Science Board, the General Advisory Committee to the AEC, the Secretary of Energy Advisory Board, the RAND Corporation Board of Trustees, and the Committee on International Security and Arms Control of the National Academy of Sciences. He is a member of the International Institute on Strategic Studies, and a Fellow of the American Physical Society and the American Association for the Advancement of Science.

May received the Distinguished Public Service and Distinguished Civilian Service Medals from the Department of Defense, and the Ernest Orlando Lawrence Award from the Atomic Energy Commission, as well as other awards.

His current research interests are nuclear weapons policy in the US and in other countries; nuclear terrorism; nuclear and other forms of energy and their impact on the environment, health and safety and security; the use of statistics and mathematical models in the public sphere.

May is continuing work on creating a secure future for civilian nuclear applications. In October 2007, May hosted an international workshop on how the nuclear weapon states can help rebuild the consensus underlying the Nuclear Non-Proliferation Treaty (NPT). Proceedings and a summary report are available online or by email request. May also chaired a technical working group on nuclear forensics. The final report is available online.

In April 2007, May in cooperation with former Secretary of Defense William J. Perry and Professor Ashton Carter of Harvard hosted a workshop on what would have to be done to be ready for a terrorist nuclear detonation. The report is available online at the Preventive Defense Project. A summary, titled, "The Day After: Action Following a Nuclear Blast in a U.S. City," was published fall 2007 in Washington Quarterly and is available online.

Recent work also includes a study of nuclear postures in several countries (2007 - 2009); an article on nuclear disarmament and one on tactical nuclear weapons; and a report with Kate Marvel for the American Academy of Arts and Sciences on possible game changers in the nuclear energy industry.

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Michael M. May Professor of Management Science and Engineering, Emeritus; FSI Senior Fellow; CISAC Faculty Member Speaker CISAC/FSI
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How does democracy influence terrorism? Some scholars argue that lack of representation in autocracy motivates terrorism; others claim that individual liberty in democracy permits it. This thesis explores the debate by using Chile as a case study to examine how democracy influences terrorist organizational processes. It traces how variations in levels of representation and individual liberty in Chile between 1965 and 1995 influenced terrorist strategic capacity, or the ability of groups to think and act towards long-term survival and success. Analyzing the five observable features of strategic capacity - mission, hierarchy, membership, tactics, and violence level - reveals that democratic characteristics positively influence some dimensions and constrain others. High-functioning democracy and highly repressive autocracy are unlikely to experience violence, due to the high constraints that each places on different features of strategic capacity. However, democracies with weak representation and autocracies with some individual liberty allow strategic capacity to strengthen, making violence more likely.

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A confluence of events has presented the Russian Federation and the United States with an unusual opportunity to transform their relationship.

The unfortunate reality is that trust is at an exceedingly low level between the elites and publics of both nations. Building that trust requires a leap of faith that they can work together on the most difficult issues. The determination to drive such trust-building on a vexing issue was behind the decision of senior Americans and Russians brought together by the EastWest Institute in 2007 to explore if collaboration was possible on the issue of Iran's ballistic missile and nuclear program. Following a tough yet civil private debate in Moscow, the participants - including on the American side General (ret.) James L. Jones, Ambassador Henry Crumpton, and General (ret.) Lance Lord, and a senior Russian delegation led by Presidential Representative Ambassador Anatoly Safonov - agreed that EWI should convene leading scientists from both states to take up the Iran issue and make it the subject of the fi rst JTA - Joint Threat Assessment. It would be an attempt to see if the top scientists and experts of the two states could agree on the nature of the threat posed by Iran's nuclear and ballistic missile program. Our debate in Moscow demonstrated that there was no easy agreement on Iran's intentions. A great cloud of ‘smoke' hung over the policy communities of both nations - a mixing of emotions and unsubstantiated reports with facts and policies. There was no dialogue. Instead the issue generated independent monologues fraught with suspicion and distrust. The decision to move forward with a JTA was a risky one. There was no assurance that it could be done.

Indeed, most outside experts told us that the task was impossible. Relations between Russia and the United States had deteriorated to a nadir not seen in decades. Among the major causes for the severe decline were the rushed ballistic missile defense agreements between the United States and Poland and between the United States and the Czech Republic to deploy assets in these European countries to counter a potential Iranian nuclear and missile threat. The United States government viewed this as a defensive move. Was Iran developing a capacity to hit Europe? How long would it take? The Russian government countered that the ballistic missile defense deployment near its borders was surely directed against Russia - an offensive move. Russian leaders and experts dismissed the idea that Iran currently possessed an offensive ballistic missile program capable of striking Europe. The sixteen Americans and Russians who sat around that Track 2 table back in 2007 in Moscow could have stopped at that impasse - but they did not. They agreed that the heart of the issue did not start with either the United States or with Russia but rather with the need to decipher the threat - what were Iran's technical capabilities? Could the two sides analyze and come to an agreement on the nature of the threat through a joint threat assessment?

Russia and the United States have been in dispute over the timeframe involved for Iran to acquire nuclear warheads and delivery vehicles, on the means needed to prevent that from happening, and - in the worst case that it cannot be prevented - the military operational responses available to both sides to defend against Iran's potential use of nuclear armed missiles. It was agreed that only after capabilities are ascertained can productive political conversations about motives and policy responses follow. Therein lay the mandate for the two teams of scientists, who worked independently and in a series of joint meetings that more often than not lasted well into the night.

Though the Iranian nuclear program has been the subject of detailed forensic public analyses, much less detailed attention has been paid, in public at least, to the Iranian missile program. Claims and counterclaims abound and defy easy understanding by the non-specialist. This report aims to fi ll that gap by providing a detailed examination of Iranian nuclear and missile capabilities. When might Iran be capable of deploying nuclear warheads? Assuming that Iran can develop that capability, would the proposed missile defenses be able intercept Iranian missiles? What are the possibilities of U.S.-Russian cooperation in this area? These are the vital questions that this report examines and makes its assessments.

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EastWest Institute
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Siegfried S. Hecker
David Holloway
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Civil war is very common in the developing world, with harmful welfare effects when it occurs. Many fear that the devastation wrought by violent conflict destroys social capital, impedes economic development, and leads to the recurrence of violence (Paul Collier et al. 2003).

In response, donors are injecting large amounts of aid into post-conflict countries. A significant share of this assistance is spent on "community driven reconstruction" (CDR) programs, which support the establishment of new local institutions in order to promote social reconciliation. Whether this assistance has this effect is, however, largely unknown. Can brief, foreign-funded efforts to build local institutions in fact have positive effects on local patterns of cooperation? We address this question using a randomized field experiment to evaluate the impact of a CDR project in northern Liberia. The project was funded by the United Kingdom's Department for International Development (DFID) and implemented by the International Rescue Committee (IRC).

Findings suggest that post-conflict development aid can have a measureable impact on social cohesion. In future work, we hope to use the survey data to uncover the mechanisms that account for this main finding.

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American Economic Review
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James D. Fearon
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Russia has the world’s largest stocks of weapon-usable fissile materials. Most of this material is a legacy of the Cold War, when the Soviet Union and the United States each created nuclear industries sized to produce tens of thousands of nuclear weapons. Significant quantities of weapon-grade material also are present on the civilian side of nuclear complex, in storage, or being transferred from one facility to another, or used for research and other purposes. Providing security for all this material will continue to be a major task for Russia for decades.

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International Panel on Fissile Materials, Research Report No. 7
Authors
Pavel Podvig
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Thomas Fingar delivered a special address on the first day of the annual FACES Conference, "On Common Ground."

Every year, the Forum for American Chinese Exchange at Stanford (FACES) puts together two week-long academic conferences at Stanford and in China, inviting some of the most prestigious scholars to address carefully selected student delegates on many different aspects of Sino-American relations.

FACES carefully narrows its delegates from a pool of hundreds of qualified candidates to a group of forty (twenty from both the U.S. and China) who will likely play critical roles in maintaining stable and peaceful U.S.-China relations well into the future.

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Freeman Spogli Institute for International Studies
Stanford University
Encina Hall, C-327
Stanford, CA 94305-6055

(650) 723-9149 (650) 723-6530
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Shorenstein APARC Fellow
Affiliated Scholar at the Stanford Center on China's Economy and Institutions
tom_fingar_vert.jpg PhD

Thomas Fingar is a Shorenstein APARC Fellow in the Freeman Spogli Institute for International Studies at Stanford University. He was the inaugural Oksenberg-Rohlen Distinguished Fellow from 2010 through 2015 and the Payne Distinguished Lecturer at Stanford in 2009.

From 2005 through 2008, he served as the first deputy director of national intelligence for analysis and, concurrently, as chairman of the National Intelligence Council. Fingar served previously as assistant secretary of the State Department’s Bureau of Intelligence and Research (2000-01 and 2004-05), principal deputy assistant secretary (2001-03), deputy assistant secretary for analysis (1994-2000), director of the Office of Analysis for East Asia and the Pacific (1989-94), and chief of the China Division (1986-89). Between 1975 and 1986 he held a number of positions at Stanford University, including senior research associate in the Center for International Security and Arms Control.

Fingar is a graduate of Cornell University (A.B. in Government and History, 1968), and Stanford University (M.A., 1969 and Ph.D., 1977 both in political science). His most recent books are From Mandate to Blueprint: Lessons from Intelligence Reform (Stanford University Press, 2021), Reducing Uncertainty: Intelligence Analysis and National Security (Stanford University Press, 2011), The New Great Game: China and South and Central Asia in the Era of Reform, editor (Stanford University Press, 2016), Uneasy Partnerships: China and Japan, the Koreas, and Russia in the Era of Reform (Stanford, 2017), and Fateful Decisions: Choices that will Shape China’s Future, co-edited with Jean Oi (Stanford, 2020). His most recent article is, "The Role of Intelligence in Countering Illicit Nuclear-Related Procurement,” in Matthew Bunn, Martin B. Malin, William C. Potter, and Leonard S Spector, eds., Preventing Black Market Trade in Nuclear Technology (Cambridge, 2018)."

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During the Cold War, the United States and the former Soviet Union relied on nuclear deterrence to navigate successfully through those perilous years. In today's world, with the accelerating spread of nuclear material, know--how, and weapons, we are facing an increasing danger that nuclear weapons, the deadliest weapons ever invented, may be acquired by ruthless national leaders or suicidal terrorists. Under these circumstances, relying on thousands of nuclear weapons for deterrence is becoming increasingly hazardous and decreasingly effective.

What will it take to rekindle the vision of a world free of nuclear weapons that President Reagan and General Secretary Gorbachev brought to their remarkable summit at Reykjavik in 1986? Can a world-wide consensus be forged on a series of practical steps to escape the nuclear deterrence trap?

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SLAC National Accelerator Laboratory
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